Assigned to HHS                                                                                                 AS PASSED BY COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2116

 

fatality review; information; access

Purpose

Requires the State Child Fatality Review Team (State CFR Team) and Maternal Mortality Review Program (MMR Program) to establish a process for approving any contact, interview or request before any member engages the close contact or family member of a child or mother who dies within their jurisdiction, including a requirement that individuals who engage with a family member be trained in trauma informed interview techniques and educated on available support services.

Background

The State CFR Team is established within the Department of Health Services (DHS), consisting of the head, or designee, of 11 various state offices and entities, as well as 10 additional outlined members appointed by the Director of DHS who serve staggered three-year terms. Duties of the State CFR Team include but are not limited to: 1) developing a child fatalities data collection system; 2) providing training to cooperating agencies, individuals and local review teams on the use of the child fatalities data system; 3) conducting and submitting an annual statistical report on the incidence and causes of child fatalities in Arizona during the past fiscal year; 4) developing standards and protocols for local review teams and providing training and technical assistance to these teams; 5) developing protocols for child fatality investigations; 6) educating the public regarding the incidence and causes of child fatalities, as well as the public's role in preventing these deaths; and 7) informing the Governor and Legislature of the need for specific recommendations regarding unexplained infant death (A.R.S. § 36-3501).

No member of the State CFR Team or a local review team may contact, interview or obtain information, by request or subpoena, from a member of a deceased child's family unless the member is a public officer or employee who may engage the family member as part of the public officer or employee's other official duties (A.R.S. § 36-3503).

The MMR Program conducts reviews of all pregnancy associated deaths in Arizona. Maternal deaths are classified into one of the following categories: 1) pregnancy related death;
2) pregnancy associated death; 3) not pregnancy related or associated; and 4) unable to determine. Once categorized, the MMR Program Committee (Committee) focuses on the cause of death for pregnancy related and pregnancy associated deaths. The comprehensive review examines whether the death was preventable or not and if there were any underlying causes. If the death is considered preventable, the Committee makes recommendations on what could have been done to change the outcome (DHS).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires the State CFR Team and MMR Program to establish a process for approving any contact, interview or request before any member engages the close contact or family member of a child or mother who dies within their jurisdiction, including a requirement that individuals who engage with a family member be trained in trauma informed interview techniques and educated on available support services.

2.   Allows a member of the State CFR team, a local review team or the MMR Program to contact, interview or obtain information from a close contact or family member of a child or mother who dies within the applicable jurisdiction, as prescribed.

3.   Specifies that a law enforcement agency may withhold from release any investigative records relating to a child or maternal death that might interfere with a pending criminal action, with the approval of the prosecuting attorney.

4.   Applies fatality information confidentiality requirements of the State CFR Team and local review teams to the MMR Program.

5.   Closes MMR Program meetings to the public if individual maternal fatalities associated with pregnancy are under review.

6.   Makes technical and conforming changes.

7.   Becomes effective on the general effective date.

Amendments Adopted by Committee

· Makes technical changes.

House Action                                                              Senate Action

HHS                1/29/24      DPA          8-1-1-0            HHS             2/13/24      DPA/SE      7-0-0

3rd Read          2/21/24                        47-8-4-0-1

Prepared by Senate Research

March 14, 2024

MM/slp